|
Case Number
|
Parties |
Short Description |
51 |
Civil Appeal 404/2016 (From the judgment and decree dated 02.11.2010 passed by the High Court Division in First Appeal No.519 of 1999)
অনুবাদ (Google)
Uploaded on : 11-DEC-23
From : COURT NO. 1 |
Laxmi Narayan Chowdhury VS Md. Harun Fakir |
In a suit for specific performance it is incumbent
on the plaintiff not only to set out the agreement on the
basis of which he sues in all its details, he must go
further and plead that he asked the defendant No.1
specifically to perform the agreement pleaded by him but
the defendant did not do so. It is the duty of the
plaintiff to prove that he has been and is still ready
and willing to specifically perform his part of the
agreement. It was the legal obligation to the plaintiff
that he was, since the date of the agreement for sale,
continuously ready and willing to perform his part of the
agreement. If he fails to do so, his claim for specific
performance must fail. |
52 |
Civil Appeal 128/2008 (From the judgment and order dated 22.08.2007 passed by the High Court Division in Civil Revision No.1542 of 2001.)
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Uploaded on : 11-DEC-23
From : COURT NO. 1 |
Md. Kamal Hossain and others VS Abdul Ahad and others |
The trial Court as well as High Court Division in
their judgments did not draw any such conclusion that
plaintiff Azizan Bibi did not execute the kabla deed
dated 23.10.1979, though it was the case of the plaintiff
that defendant No.1 obtained her signatures on blank
papers and created the kabla deed dated 23.10.1979
fraudulently. Since the plaintiff instituted the suit for cancellation of deed dated 23.10.1979, it is the duty of
the plaintiff to prove that the sale deed was obtained
fraudulently. None of the Court drew any conclusion that
the plaintiff has been able to prove the allegation of
fraud. Since the Kabla deed dated 23.10.1979 was executed
and registered, it is to be presumed that all the official
acts were done accordingly. The defendant Nos.1-2 instituted Title Suit No.1339
of 1981, in the 4th Court of the then Subordinate Judge,
Dhaka against Government for declaration that the claim
of the Government that the suit property is abandoned
property was illegal and also for recovery of khas
possession and the said suit was decreed on 02.03.1991
and upon execution of the said decree they took
possession of the same. It was held by the Court of
Settlement in Settlement Case No.80 of 1989 and 81 of
1989 dated 15.08.1995 that the property should not have
been included in the list of abandoned properties and it
ordered that the property was liable to be excluded from
‘Ka’ schedule of the abandoned building. The High Court
Division was not justified in treating the said deed as
void by assuming that the defendant appellants purchased
the said land when the property was declared as abandoned
property. |
53 |
Civil Appeal 32/2014 (From the judgment and decree dated 26.05.2009 passed by the High Court Division in First Appeal No.120 of 2002.)
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Uploaded on : 11-DEC-23
From : COURT NO. 1 |
Haji Mohammad Kutubul Alam vs Md.Gousuzzaman and others |
The Civil Courts, subject to the provision of the
law, have jurisdiction to try all suits of civil nature
except the suit of which cognizance is either expressly
or impliedly barred. Unless the relevant statute entails
a provision expressly or indicates by necessary
implication that the jurisdiction of the Civil Court is
excluded to try the suit, the Civil Court has
jurisdiction to try the suit. In this case, the plaintiff
sought for declaration that the impugned deeds are void
along with some other reliefs. Only Civil Court is
authorised to declare whether a deed is fraudulent and
void or not. It is settled principle that exclusion of
jurisdiction of civil Court should not be readily
inferred. The tests to be applied to decide whether or
not the Civil Court has jurisdiction are as under: (i) Is legislative intention of excluding
jurisdiction of Civil Court explicit or clear by
necessary implication?
(ii) Does the statute provide adequate remedy in case
of grievance against the order made under the
statute? The moment a waqf is created, all rights of property
pass out of the waqif and vest in the Almighty. The
Mutwalli has no right in the property belonging to the
waqf. His position is merely that of a superintendent or
a manager. A Mutwalli has no power, without the
permission of the Waqf Administrator to sell waqf
property or any part thereof. Authority of giving
permission of the waqf Administrator is not absolute. He
must follow the provision of law, contents of waqf deed,
jurisprudence build up in this regard and welfare of waqf
estate. He cannot accord permission when it is apparent
that such proposal for transfer may cause harm to waqf
property itself, consequence of which is ultimate damage
and destruction of the property and object of the waqf. |
54 |
Contempt Petition(A) 48/2023
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Uploaded on : 10-DEC-23
From : JUDGE-IN-CHAMBER |
Mohammad Harun-Or-Rashid Vs Syed Jahangir Alam |
The contemnor in the instant case Syed Jahangir Alam has certainly committed contempt of court which cannot be viewed with impunity. In a very dirty and spiteful manner he had uttered those venomous words which do not call for any shred of sympathy far off to purge the same.
This hypocritical attitude which is ugly underbelly towards a judge of the Apex Court baffles us. Lest it turns into a horrendous repetition and fails to deter the public at large let us nip this unhealthy trend in the bud. |
55 |
Civil Appeal 234/2015 ((From the judgment and order dated 09.08.2011, passed by the High Court Division in Writ Petition Nos. 4758 of 2008, 4757 of 2008, 2687 of 2010, 2692 of 2010, 10535 of 2007 and 9426 of 2010 respectively.))
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Uploaded on : 03-DEC-23
From : COURT NO. 1 |
Secretary, Bangladesh Textile Mills Corporation and others vs Nasrin Sultana and others |
Rule 42A does not give any authority to rehear an appeal under rule 31 of the Tenancy Rules, 1955 by the concerned Settlement Officer after publication of the final record-of-rights, as the such publication is conclusive evidence (rule 35) and thus, in the instant cases the Settlement Officer has acted illegally and without jurisdiction in re-hearing the appeals repeatedly. |
56 |
Civil Appeal 376/2016 ((From the judgment and order dated 24th day of January, 2010 passed by the High Court Division in Civil Revision No. 2624 of 2005))
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Uploaded on : 16-NOV-23
From : COURT NO. 1 |
Md. Abdul Hamid being dead his heirs: Md.Arju Hossain and others vs Mst. Sara Khatun and others |
It is now well settled that the High Court Division in revisional jurisdiction has got the jurisdiction to interfere with the findings of fact of the courts below, if it finds error apparent on the face of record. |
57 |
Civil Appeal 19/2015 ((From the judgment and order dated the 24th day of January, 2012 passed by the Administrative Appellate Tribunal, Dhaka, in Administrative Appellate Tribunal Appeal Nos.270 of 2009 and 279 of 2009 respectively))
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Uploaded on : 16-NOV-23
From : COURT NO. 1 |
Government of Bangladesh and another vs Md. Nazrul Islam Biswas |
The current charge given by a gazette notification cannot be termed or treated that the concerned officer will perform only day to day routine work, rather on the strength of such notification he has been vested all the administrative and financial power to be done in accordance with rules of business. Said current charge cannot be equated as a stop gap arrangement. |
58 |
Civil Appeal 196/2009 ((From the judgment and order dated 27th day of July, 2006 passed by the High Court Division in Civil Revision No.104 of 2000))
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Uploaded on : 16-NOV-23
From : COURT NO. 1 |
Uzzal Sarker vs Kutub Uddin and others |
From the evidence, it reveals that to defeat the right of the pre-emptor the alleged transaction was made showing exchange. The High Court Division measurably failed to appreciate this aspect and thus, miscarriage of justice has been occurred. |
59 |
Civil Appeal 336/2016 (From the judgment and order dated 08.05.2012 passed by the High Court Division in Civil Revision No. 3750 of 2009)
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Uploaded on : 12-NOV-23
From : COURT NO. 1 |
Kohinur Begum Vs Most Majeda Khatun and others |
In the plaint it has been categorically stated that on 09.05.1981 the pre-emptor came to learn the sale of the suit property when the opposite party No. 1 disclose the same which was corroborated by the P.W-1, P.W-2 and P.W-3. Being informed the pre-emptor filed the Miscellaneous Case on 06.07.1981 which is very much within the period of limitation. In view of above we hold that the trial court as well as the appellate Court below was correct in holding that the suit was not barred by limitation. |
60 |
Civil Appeal 14/2014 ((from the judgment and order dated the 13th May, 2009 passed by a Division of the High Court Division in writ Petition No.8228 of 2008))
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Uploaded on : 01-NOV-23
From : COURT NO. 1 |
The Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Labour and Employment and others vs Mohammad Amirul Islam and others |
In the instant case the contract between the parties is neither a constitutional contract nor a statutory or commercial contract and thus, there is no scope to enforce any terms of the contract invoking writ jurisdiction and as such the writ-petition was not maintainable. |
61 |
Civil Petition 55/2023 ((From the judgment and order dated the 14th day of November, 2022 passed by the High Court Division in Writ Petition No.1278 of 2017))
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Uploaded on : 09-OCT-23
From : COURT NO. 1 |
Sree Chandan Das vs Sukhamoy Chakraborty and others |
The ‘Sitakunda Shrine Committee’ cannot be termed or treated as a local authority or an autonomous body as the said body was not established by any law. It is a management committee of a private body, which is not performing any function in connection with the affairs of the Republic or of a local authority, as such the writ petition challenging the decision of the said private body is not within the ambit of local authority, which cannot be amenable in writ jurisdiction under Article 102 of the Constitution of the People’s Republic of Bangladesh and thus, the writ petition was not maintainable. |
62 |
Civil Appeal 218/2018 (From the judgement and order dated the 19th day of October, 2017 passed by the High Court Division in Writ Petition No.10371 of 2007)
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Uploaded on : 27-SEP-23
From : COURT NO. 1 |
A.Y. Moshiuzzaman, Senior Advocate, instructed by Syed Mahbubar Rahman =vs= Mr. Nozrul Islam Chowdhury, Senior Advocate, instructed by Ms. Madhu Maloti Chowdhury Barua |
We have no hesitation to hold that the High Court Division has committed serious error and also travelled beyond its jurisdiction in re-hearing the Rule Nisi making the same absolute after recalling the earlier order of ‘disposed of the Rule’. We are sorry to say that this kind of gratuitous relief by the High Court Division is perversed one and highly regrettable. |
63 |
Criminal Petition 798/2018 (From the judgment and order dated the 6th day of May, 2018 passed by the High Court Division in Criminal Revision No.645 of 2017)
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Uploaded on : 27-SEP-23
From : COURT NO. 1 |
Mr. Balayat Hussain, Advocate, instructed by Mr. Zainul Abedin =vs= Mr. M. Ali Murtaja, Advocate, instructed by Ms. Mahmuda Begum |
If we consider the above propositions of law in regard to the filing of petition of complaint through an attorney and the attending facts and circumstances of the present case, then we have no hesitation to hold that in filing the complaint by the attorney no illegality has been committed and the learned Magistrate rightly took cognizance into the case against the accused petitioner having complied with the relevant provision of law. |
64 |
Civil Petition 4506/2017 (From Writ Petition 5673/2016 of High Court Division.)
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Uploaded on : 10-SEP-23
From : JUDGE-IN-CHAMBER |
Niko Resources (Bangladesh) Ltd Vs Professor M. Shamsul Alam and ors |
Now, conceptually it is possible to draw a sharp line that none would be spared, how high so ever, when there is corruption in whatever manner and wherever that has been committed. |
65 |
Civil Petition 1808/2023 (CIVIL PETITION FOR LEAVE TO APPEAL NOS. 1808-1810 OF 2023 (Arising out of Income Tax Reference Application No. 108-110 of 2015)
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Uploaded on : 03-SEP-23
From : JUDGE-IN-CHAMBER |
Dr. Muhammad Yunus -Vs- The Commissioner of Taxes, Zone-06, Dhaka |
Regarding imposition of gift tax on the Professor Muhammad Yunus Trust and Yunus Family Trust the Hon’ble Appellate Division held as under:
“Fortified with the decisions and the discussions as made above, we are of the view that the High Court Division rightly held that the assessing officer (Extra Assessment Commissioner of Taxes) and the appellate authorities below did not commit any illegality in imposing gift tax as contemplated under section 3 of the Gift Tax Act, 1990 and in rejecting the claim of exemption; because, in view of the provisions of the Gift Tax Act, 1990, the claim of exemption of the assessee-applicant does not have any legal basis.” |
66 |
Criminal Petition 1690/2022
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Uploaded on : 24-AUG-23
From : COURT NO. 1 |
The State, represented by the Deputy Commissioner, Dhaka -VS- AHM Fuad |
From the impugned order it does not transpire that the High Court Division in granting bail to the accused has at all considered the provision of section 13 of the Ain, 2012; rather it shows that the High Court Division has considered some inconsequent issues and disposed of the matter as if it had dealt an application for bail under the provision of the Code of Criminal Procedure. |
67 |
Civil Petition 2460/2012 (/)
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Uploaded on : 22-AUG-23
From : COURT NO. 1 |
Bangladesh Textile Mills Corporation (BTMC), represented by its Chairman -vs- Mst. Delwary Begum being dead her heirs: (1) Mokhlesur Rahman and others |
In view of the above provisions of law, there is no scope to challenge the order of nationalization, notified in the gazette by the Government and thus, suit is not maintainable. |
68 |
Civil Appeal 428/2019 (/)
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Uploaded on : 22-AUG-23
From : COURT NO. 1 |
Sree Porikshit Mondal being dead his heirs: 1(a) Janmojoy Mondol and another -vs- Sree Paresh Chandra Biswas and others |
The evidence adduced by the plaintiff does not show that he had taken any step(s) for registration of the unregistered bainanama within a period of 6(six) months. In view of the provision of section 17B(1) of the Act of 1908, it is our considered view that as the plaintiff failed to make registration of the bainanama within the period of 6(six) months from the date of commencement of the act and, that he failed to approach to the defendants within the said period to register the bainanama, we are of the view that the bainanama has become void in operation of the law. |
69 |
Civil Appeal 142/2009 (From the judgment and order dated 19.02.2006 passed by the High Court Division in Writ Petition No.2251 of 1999)
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Uploaded on : 09-AUG-23
From : COURT NO. 2 |
Commissioner of Customs, Mongla Customs House, Khulna and another Vs. M. M. Corporation a proprietary firm, owned by Mahbub Alam Chowdhury S.F. Chamber (1st Floor), Strand Road, Chattogram |
The true import of the declaration
made in the Finance Bill, 1999
under Section 3 of the Provisional
Collection of Taxes Act, 1931 is
that the imposition of
supplementary duty and surtax as
provided in Clauses 4 and 7 of the
Finance Bill shall have immediate
effect i.e. from the date of
placement of the budget before
the Parliament till it is passed by
the Parliament. |
70 |
Civil Review Petition 195/2020 (with C.P.No.2957-2958,2416,2627,2606,3351,3359,3408,3377-3378,3270-3271,3393,2823,2860-2861 of 2022 AND 2112 of 2020)
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Uploaded on : 09-AUG-23
From : COURT NO. 3 |
The Government of Bangladesh, represented by the Secretary, Ministry of Education, Secondary and Higher Secondary Division, Bangladesh Secretariat, Dhaka and others Vs. Arifur Rahman and others |
The NTRCA is authorised to ascertain the number of vacant posts in the non-government educational institutions gathering information from the District Education Officer and it arranges both written and viva voce examination. The NTRCA is also empowered to publication of final result within thirty days from the date of holding viva voce examination and prepare a panel of successful candidates as per Rules. The NTRCA shall give registration within 90 days from the date of publication of results and also issue certificates to the deserving candidate for the purpose of appointment as teacher in the non-government educational institutions. The certificate issued in favour of a successful candidate by the NTRCA shall remain valid for three years only. Consequently, the certificate will lose its validity on expiry of three years from the receipt of certificate. No person shall be appointed as teacher in the non-government educational institutions if he is not registered or has not acquired certificate from the NTRCA. It is also evident that mere registration and receipt of certificate from the NTRCA will not confer an indefeasible right on a candidate to be appointed as teacher unless there is discrimination and arbitrariness regarding the filling up of vacancies. However, the recommendation by NTRCA by way of preparation and publication of a list of successful candidates should get respect it deserves.
We are of the view that although the NTRCA is not the appointing authority the certificates issued by it is essential for recruitment as teachers in the non-government educational institutions and the recommendation by NTRCA by way of preparation and publication of a list of successful candidates should get due consideration for appointment.
As per Rule 10 of Bidhimala 2006 the certificates issued by NTRCA in favour of the writ petitioners are valid for a period of three years and after expiration of the validity period, the writ-petitioners would not be entitled to get appointment on the basis of time expired certificates issued earlier in favour of them. In the instant case it transpires from the record that the petitioners being successful in both the written and viva voce examination the final result was published on 27.11.2018 and they obtained certificates and according to Rule 10 of Bid himala 2006 the certificates issued in favour of them by the NTRCA have already lost their validity and as observed earlier by this Division that the NTRCA is not the appointing authority rather the concerned Managing Committee or Governing Body of the non-government educational institution is the appointing authority in case of recruitment of teachers in the non-government educational institutions. The appointing authority as an employer has a discretion to fill up all the posts or not. Therefore, the writ-petitioners are not entitled to be appointed as prayed for in the writ petition and the High Court Division did not commit any illegality in discharging the Rule and as such no interference by this Division is warranted in this regard. |
71 |
Civil Petition 4234/2018 (Civil Petition 4234/2018)
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Uploaded on : 01-AUG-23
From : COURT NO. 1 |
The Director General, Directorate of Primary Education, Mirpur-02, Dhaka -vs- Rahima Akter and others |
In the instant case, the writ petitioners-respondents have failed to prove that they were legally appointed by the school authority and their names were recommended by the উপজেলা যাচাই-বাছাই কমিটি and, as such, no legal and vested right has been created in favour of the writ petitioners to get appointment in the nationalized primary school. |
72 |
Civil Petition 762/2023 (Civil Petition 762/2023)
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Uploaded on : 01-AUG-23
From : COURT NO. 1 |
Md. Nasirul Alam and others (in C.P.No.762 of 2023) Bakhteyar Ahmed and others (In C.P No.758 of 2023) -vs- The Government of Bangladesh and others (In Both the cases) |
In view of the Provision of Section 8(3)(Gha) of the ইট প্রস্তুত ও ভাটা স্থাপন (নিয়ন্ত্রণ) আইন, ২০১৩ the concerned Hill District পরিবেশ উন্নয়ন কমিটি has been assigned to select/fix designated area for establishment of brickfields. |
73 |
Civil Appeal 10/2017 (Civil Appeal 10/2017)
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Uploaded on : 01-AUG-23
From : COURT NO. 1 |
Muntachir and others -vs- Ruposhi Begum and others |
If we consider the above propositions of law coupled with the attending facts and circumstances of the present case, in particular the pre-emptor Arif Miah is a co-sharer in holding No.459, we are of the view that the High Court Division did not commit any error in allowing the partial pre-emption as the same is permissible in law. |
74 |
Criminal Appeal(A) 40/2018 (Criminal Appeal(A) 40/2018)
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Uploaded on : 30-JUL-23
From : COURT NO. 1 |
Shamim Uddin -vs- The State |
It is true that the said two eye witnesses were examined by the investigating officer after long lapse of time of the alleged occurrence. But it cannot be a sole ground to discard their evidence on the plea of belated examination by the investigating officer. |
75 |
Civil Petition 3194/2022 (Civil Petition 3194/2022)
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Uploaded on : 19-JUL-23
From : COURT NO. 1 |
Bangladesh, represented by the Secretary, Ministry of Finance, Bangladesh Secretariat, Ramna, Dhaka-1000 and others -vs- Deshbandhu Sugar Mills Limited, represented by its Managing Director, Kawadi, Charsindur, Palash, Narisingdi, Corporate Office: House No. 59, Road No. 27, Block No. K, Banani, Dhaka-1213 |
In view of the above Bidhimala there is no scope to issue any bonded warehouse license in favour of writ petitioner, particularly the home consumption bonded license. Because the writ petitioner does not fall within the category as mentioned in Bidhi 4(ক)-4 (ঙ). |
76 |
Civil Appeal 65/2009 (Civil Appeal 65/2009)
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Uploaded on : 19-JUL-23
From : COURT NO. 1 |
The President, Customs, Excise and Vat Appellate Tribunal, BTMC Building, 7-9 Kawran Bazar, Dhaka-1215 and others -vs- Chattala Industries Limited |
When the intention of the legislature is clear, no consideration of expediency or possibility of abuse can be allowed to deviate from the natural consequences following the correct interpretation. Thus, the Court has no jurisdiction to exercise its discretion beyond the scope of law. |
77 |
Civil Appeal 4/2013 (Civil Appeal 04/2013)
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Uploaded on : 19-JUL-23
From : COURT NO. 1 |
University of Dhaka represented by the Vice-Chancellor and another -vs- Hafez Mohammad Jalaluddin Chy. and others |
If we consider the facts and circumstances of the present case in the light of the above proposition of law then, we have no hesitation to come into a definite finding that the writ-petitioner, in fact, has been terminated from the service in the garb of clause-2 of the appointment letter. |
78 |
Civil Petition 657/2023 (Civil Petition 657/2023)
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Uploaded on : 19-JUL-23
From : COURT NO. 1 |
Bangladesh Fire Service and Civil Defence, Fire Service and Civil Defence Directorate, 38-46 Kazi Alauddin Road, Fulbaria, Dhaka-1000, Represented by its Director General VS The Committee for Protection of Monthon Pond, Rangpur, Repr. by its Member Palash Kanti Nag, son of Babul Nag, of Village-Rothbari, Rangpur Sadar, District- Rangpur and others |
Upon a plain reading of section 6(Uma) it is clear that notwithstanding anything contained in any other law for the time being in force, the nature of a waterbody cannot be changed under any other circumstances by earth filling except for indispensable national interest (অপরিহার্য জাতীয় স্বার্থ)। |
79 |
Civil Appeal 293/2019 (From the judgment and order dated 13.03.2017 passed by this Division in Civil Petition for Leave to Appeal No.2767 of 2015.)
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Uploaded on : 12-JUL-23
From : COURT NO. 2 |
Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Land, Bangladesh Secretariat, Dhaka and others. -Versus- Md. Abdul Malek and others. |
We are of the view that the
decision of competent court of civil
jurisdiction shall be final in the
case of declaration of title and
confirmation of possession as well
as classification of the land and the
High Court Division under writ
jurisdiction cannot sit as an
appellate forum against the
judgment and decree passed by
the High Court Division in civil
jurisdiction and if does so that will
amount to abuse of the process of
law which will create multiplicity of
proceedings as well as chance to
arrive at a conflicting decision. |
80 |
Civil Appeal 125/2008 (From the judgment and order dated 17.08.2004 passed by the High Court Division in Writ Petition No.4132 of 2002)
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Uploaded on : 12-JUL-23
From : COURT NO. 2 |
The Chairman, National Board of Revenue, Dhaka and others. -Versus- Rahim Steels Mills Co.(Pvt) Ltd. and another. |
The encashment certificates only
shows that the transactions
regarding encashment of foreign
currencies have been reported to
Bangladesh Bank which in our
opinion cannot be treated as
repatriation through Bangladesh
Bank. It may be mentioned here
that the writ-respondent no.5 vide
memo dated 11.04.2002 asked the
petitioners to furnish the
documentary evidence that the
foreign currencies against the
‘deemed export’ in question was
repatriated through Bangladesh
Bank. But the petitioners only
submitted encashment certificates
to the respondent no.5 vide letter
dated 15.04.2002. There are no
proceed realization certificates in
support of said ‘deemed export’
which amply proves that the
claimed ‘deemed export’ do not
come within the ambit of Section
3(2) of the VAT Act, 1991 and Rule
31 of the VAT Rules, 1991. In the
aforesaid transactions the
respondent-writ petitioners as a
local supplier supplied the
construction materials to the local
contractors on receipt of foreign
currencies locally as per
instructions of the locally floated
tender. The goods were not
shipped abroad against master
Letter of Credit or any
internationally accepted export
documents. Consequently, the
respondents failed to submit any
proceed realization certificates
against the claimed ‘deemed
export’. Mere encashment
certificate cannot be treated as
proceed realization certificate. |
81 |
Civil Appeal 18/2019 (CIVIL APPEAL NO.18 OF 2019 WITH CIVIL APPEAL NOS.19-20 OF 2019 From the judgment and order dated 17.08.2017 passed by the High Court Division in Writ Petition Nos.11992-11994 of 2016)
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Uploaded on : 18-JUN-23
From : COURT NO. 2 |
Bangladesh Rural Electrification Board (BREB) Vs. Bangladesh Energy Regulatory Commission (BERC), represented by the Chairman, Dhaka and others |
While considering the question
whether the arbitral procedure
prescribed in the agreement for
reference to a named arbitrator
can be ignored, it is also necessary
to keep in view of Section 43 of the
Arbitration Act, 2001 which
provides that an arbitral award
may be set aside by the court if the
composition of the arbitral tribunal
or the arbitral procedure was not
in accordance with the agreement
of the parties. The legislative
intent is that the parties should
abide by the terms of the
arbitration agreement if the
arbitration agreement provides for
arbitration by a named Arbitrator,
the court should normally give
effect to the provisions of the
arbitration agreement. |
82 |
Criminal Petition 55/2023 (CRIMINAL PETITION FOR LEAVE TO APPEAL NOS.55-58 OF 2023. From the judgment and orders dated 25.10.2022 passed by the High Court Division in Criminal Miscellaneous Case Nos.55586, 55583, 55584 and 55585 of 2022)
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Uploaded on : 13-JUN-23
From : COURT NO. 2 |
Sajjad Hossain Vs. Md. Lutful Hasan and another |
It is pertinent here to mention that Section 561A of the Code of Criminal Procedure do not empower the High Court Division to grant bail to a convict prisoner for the purpose of filing appeal. Though the power of the High Court Division under Section 561A i.e. the inherent power is very wide but it is a Rule of practise that it will only be exercised in exceptional circumstances and the main goal and purpose of this special extraordinary power is to save the litigant people from the agony of the abuse of the process of the court and also is intended to do substantial justice and at the same time it cannot be invoked in respect of any matter covered by the specific provision of the Code of Criminal Procedure, so that the ordinary course of justice be obstructed or diverted. |
83 |
Civil Appeal 135/2012 (CIVIL APPEAL NOS.135-137 OF 2012 AND 443 OF 2016 WITH CIVIL PETITION FOR LEAVE TO APPEAL NOS.1386, 1936 and 1128 OF 2012, 377 OF 2013 AND 1637 OF 2014. From the judgment and orders dated 13.02.2012, 13.05.2012, 14.08.2012 and 20.04.2014 passed by the High Court Division in Writ Petition Nos.8904 of 2011, 157 of 2012, 9263 of 2011 and 14864 of 2012 respectively)
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Uploaded on : 13-JUN-23
From : COURT NO. 2 |
Grameenphone Ltd., represented by its Deputy General Manager and others Vs. Bangladesh Telecommunication Regulatory Commission, represented by its Chairman, IEB Bhaban, Ramna, Dhaka-1000 and others |
We consider it proper to observe that even though there is no universally accepted definition of natural resources, they are generally understood as elements having intrinsic utility to mankind. They may be renewable or non-renewable. They are thought of as the individual elements of the natural environment that provided economic and social services to human society and are considered valuable in their relatively unmodified, natural form. A natural resource’s value rests in the amount of the material available and the demand for it. The latter is determined by its usefulness to production. Natural resources belong to people but the State legally owns them on behalf of its people and from that point of view natural resources are considered as national assets, more so because the State benefits immensely form their value. The State is empowered to distribute natural resources. However, as they constitute public property/national asset, while distributing natural resources, the State is bound to act in consonance with the principles of equality and public trust and ensure that no action is taken which may be detrimental to public interest. |
84 |
Civil Petition 2413/2022 (From the judgment and order dated 08.09.2021 passed by the High Court Division in Writ Petition No.10952 of 2019)
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Uploaded on : 13-JUN-23
From : COURT NO. 2 |
Director General, Bangladesh Agricultural Research Institute (BARI), Joydebpur, Gazipur Vs Md. Mustafizur Rahman, Joint Director (Administration)(current charge), (Dismissed), Bangladesh Agricultural Research Institute (BARI), Joydebpur, Gazipur and attached to Bangladesh Agricultural Research Council (BARC), Farmgate, Dhaka and others |
We are in agreement with the findings of the High Court Division that the impugned order of dismissal cannot be treated as ‘Board’ decision due to quorum non-judice. |
85 |
Civil Appeal 115/2009 (From the judgment and order dated 06.05.2007 passed by the High Court Division in Writ Petition No.4509 of 2003)
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Uploaded on : 13-JUN-23
From : COURT NO. 2 |
National Board of Revenue, represented by its Chairman, Segunbagicha, Dhaka and others Vs Basic Dredging Company Limited, represented by its Managing director Mr. Md. Saiful Islam, 18 Kamal Ataturk Avenue, Banani, Dhaka and another |
By now it is settled that when there is a statutory provision to avail the forum of an appeal against an adjudication order passed by the concern Customs Official then the judicial review under Article 102(2) of the Constitution bypassing the appellate forum created under the law is not maintainable. |
86 |
Criminal Review Petition 55/2022
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Uploaded on : 01-JUN-23
From : COURT NO. 1 |
The State Vs Nurul Amin Baitha and another |
Converting the conviction under Section 11(Ka) read with Section 30 of the Nari o Shishu Nirjatan Daman Ain, 2000” (The Ain), the special law to one under section 302/34 of the Penal Code. |
87 |
Criminal Appeal(A) 58/2019 (With Crl.A.No.59-61 of 2019 arising out of Crl.Review Petitions No.68,73,74 and 89 of 2017 corresponding to Crl. A.No.31-33 and 35 of 2013/)
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Uploaded on : 25-MAY-23
From : COURT NO. 3 |
Shamsu Habib alias Biddut and three others vs. The State |
The prosecution has miserably failed to prove a compact chain of circumstances starting from the calling for the victim by accused Biddut after 4:30 p.m. until throwing of the dead body of the victim by the side of the railway line at 3:00 a.m. on 28.01.1997, to connect the accused persons with the killing of the victim and in every chain of circumstances, there was break in the link of the other chain and accordingly the prosecution failed to prove the charge brought against the accused persons either under Sections 302/34 or 302/109 of the Penal Code. Consequently, the accused persons are entitled to be acquitted of the charge brought against them.
It is established principle of law that a judgment of the apex Court is final on both questions of law and of fact. It is precedent for itself and for all the Courts subordinate to it and the finality of the judgment cannot be impinged on. In the case in hand leave was granted in Review Petitions and thereafter criminal appeals were filed which are now under consideration in the instant judgment. As per provision of Article 105 of the Constitution of the People’s Republic of Bangladesh and Order XXVI of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988 this Division is competent enough to reconsider or interfere with its earlier decision to prevent abuse of its process and to cure gross miscarriage of justice.
It has already been elaborately discussed in previous paragraphs how the prosecution miserably failed to prove its case. Due to the above stated facts, in our opinion, the conclusion reached by the Courts below as well as this Division by majority was not correct. On the basis of such scanty evidence, it should not have upheld the order of conviction of the appellants. The trial Court as well as the High Court Division and this Division by majority committed illegality misreading the evidence. In view of the reasons stated hereinabove, we are of the view that the judgment and order dated 10.09.2014 passed by this Division with majority view dismissing the appeals and thereby convicting the accused-appellants was not justified and, therefore, the same is reviewed and all the criminal appeals arose from the Criminal Review Petitions No.68, 73,74 and 89 of 2017are allowed. |
88 |
Civil Appeal 113/2018 (WITH CIVIL PETITION FOR LEAVE TO APPEAL NOS.722-733/17, 767- 779/17, 780-782/17, 568/17, 580/17, 587/17, 825-827/17, 979-982/17, 984/17, 1421-1422/17, 1532-1534/17, 1620/17, 1300/17, 1322-1324/17, 1333-1337/17, 1384/17, 1395-1402/17, 4339- 4350/17, 2034-2041/17, 1163-1165/17, 1177- 1178/17, 783/17, 1500/17, 2849/17, 902-904/17, 851- 852/17, 876/17, 2111- 2112/17, 1838/17, 3826/17 AND 2934-2935/17.)
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Uploaded on : 16-MAY-23
From : JUDGE-IN-CHAMBER |
S. Alam Beg Manufacturing Mills Ltd., Chattogram represented by its Director and others Vs. Government of Bangladesh, represented by the Secretary, Ministry of Finance, Internal Resources Division, Bangladesh Secretariat, Dhaka and others. |
Taxation is an unilateral decision of
the parliament in exercise of its
sovereign power. Every legislation
is enacted with the object of public
benefit and taxation law operates
as tool of raising revenue to meet
the expenditure of the
Government as well as contributes
in the development of the country
which ultimately enjoyed by the
mass people of country. Thus the
intention of the legislature in
enacting taxation law is to raise
the revenue of the Government for
public benefit. Furthermore, what
is best in the national economy
and in what manner and to what
extent the fiscal policy is
formulated, offered and
implemented is ultimately to be
decided by the Parliament. .....
Thus, from Section 2 (34) of the
Ordinance, 1984 it transpires that
the term “any income”, “profits or
gains” as well as “loss of such
income, profits or gains” are
included in the definition of
income. Therefore, as the term
“loss of income or gain” is within
the purview of income as such
there is no reason to hold that the
gross receipts is not within the
purview of income as mentioned in
Section 2 (34) of the Ordinance,
1984.
...... There are two methods of
calculation of tax i.e. regular
method of taxation and alternative
method of taxation. Section 16
CCC is an alternative method of
taxation under the caption “Charge
of minimum tax”. In order to
prevent tax evasion, defeat “Zero taxation”, decrease tax inequality
among corporate taxpayers (some
company pay tax and others do
not, there becomes an uneven tax
treatment amongst them) as well
as to ensure revenue adequacy,
the concept of Alternative
Minimum Tax (AMT) has been
introduced in many countries
around the world where taxpayer
requires to pay a minimum
amount of tax if tax liability under
regular method falls short of a
minimum amount of tax.
Bangladesh as a member of global
tax community adopt this modern
concept of charging alternative
minimum tax. In calculating tax
liability under Section 16 CCC any
tax paid in advance, at source or
under Section 74 is duly given
credit. Moreover, when any
income of a taxpayer falls under
the ambit of final settlement of tax
liability under Section 82 C that
income does not come within
Section 16 CCC. So, there is no
space for double taxation under
impugned Section 16 CCC. The
ultimate object and purpose of the
taxation law is to increase revenue
for smooth running of the
economy as well as to prevent tax
evasion as such Section 16 CCC is
fully consistent with the purpose
and objective of the Ordinance,
1984 and also in line with globally
recognized tax practice. |
89 |
Civil Appeal 159/2018 (Civil Appeal No.159 of 2018 with Civil Appeal Nos.160-171 of 2018 (From the judgment and order dated 07.02.2017 and 08.02.2017 in Writ Petition Nos. 4947 of 2014, 5885 of 2014, 6213 of 2014, 6274 of 2014, 8659 of 2014, 12028 of 2014, 487 of 2015, 774 of 2015, 7566 of 2015, 7291 of 2014, 13305 of 2016, 15927 of 2016, and 85 of 2017))
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Uploaded on : 10-MAY-23
From : COURT NO. 1 |
Bangladesh Council of Scientific and Industrial Research (BCSIR), represented by its Chairman vs G.R.M. Astaq Mohal Khan and others |
It should be borne in mind that a cardinal principle of construction is that it must be presumed that the legislature does not use any word unnecessarily or without any meaning or purpose. As such no word in a statue should be treated as surplusage or redundant. |
90 |
Civil Appeal 446/2019 (From the judgment and order dated the 17th day of July, 2018 passed by the High Court Division in Writ Petition No.5549 of 2018)
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Uploaded on : 10-MAY-23
From : COURT NO. 1 |
The Office of the Controller General of Accounts, CGA Building Shegunbagicha, Dhaka and others vs Omar Faruque and others |
If we consider the present case in the light of the above proposition of law then we have no hesitation to come to a definite conclusion that no legal right has been created in favour of the writ petitioners to get appointment though they are the successful candidates. |
91 |
Civil Appeal 406/2019 ((From the judgment and order dated the 1st November, 2018 passed by a Division Bench of the High Court Division in Writ Petition No.10919 of 2011))
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Uploaded on : 10-MAY-23
From : COURT NO. 1 |
Government of Bangladesh and others vs Kazi Mofizul Haque and others |
Upon consideration of the facts and circumstance of the present case coupled with the above propositions of law, we have no hesitation to hold that the High Court Division committed grave error in making the Rule absolute directing the writ-respondents-appellants to give promotion to the writ-petitioners-respondents amending the relevant Rules with retrospective effect within a period of 60 (sixty) days from the date of receipt of the judgment and also pay them the arrear salary and other benefits. |
92 |
Criminal Appeal(A) 19/2017 ((From the judgment and order dated 9th of March, 2016 passed by the High Court Division in Criminal Appeal No.6297 of 2013))
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Uploaded on : 02-APR-23
From : COURT NO. 1 |
Mohammad Khorshed Alam alias Md. Khorshed Alam Vs The State and another |
Since the complainant by swear in an affidavit before the Tribunal asserted that the concerned police officer refused to accept her complaint and the Tribunal has also been satisfied about the said assertion, in our view, there is no legal necessity to make an inquiry into the said issue afresh, i.e. whether the complainant went to the police station and he/she was refused by the police before submitting the complaint before the Tribunal. . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . The word “অভিযোগ অনুসন্ধানের জন্য” as contemplated in section 27 (1 ka) is very significant. It means that an inquiry should be done on the allegations brought against an accused. It does not mean that inquiry should be done to ascertain whether the complainant went to the police station and he/she was refused by the police. |
93 |
Criminal Appeal(A) 65/2015 (From the judgment and order dated 8th January,2012 passed by a Division Bench of the High Court Division in Criminal Appeal No.2185 of 2006 along with Death Reference No.43 of 2006 with Jail Appeal Nos.407, 408, 409, 410, 411 and 410, 411 and 412 of 2006)
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Uploaded on : 22-MAR-23
From : COURT NO. 1 |
Milon @ Md. Milon and another Vs. The State |
In this particular case, P.Ws-3,5,6 and 7 in their
respective dispositions and cross-examinations
categorically stated that in presence of the village
peoples Rabiul alias Habul confessed his guilt in
commission of the alleged offence. Further, statement of
Rabiul was recorded in tape recorder cassette, material
exhibit-VI. Defence did not put any suggestion to the said
witnesses to the effect that at the time of making such
statement by Rabiul, police personnel were also present.
If we consider the evidence of said P.Ws coupled with
the proposition of law as enunciated in the case of
Nausher Ali Sarder and others vs. The State, then we are
of the opinion that the extra judicial confession made by
appellant-Rabiul has got evidentiary value and we can
safely rely on the same in awarding conviction of its
maker. |
94 |
Civil Appeal 55/2003 ((From the judgment and order dated 04.07.2000 passed by the High Court Division in Civil Revision No.2049 of 1999)
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Uploaded on : 21-MAR-23
From : COURT NO. 2 |
Shishubar Dhali being dead his hears: 1(a) Mrigangka Mohan Dhali and others Vs. Chitta Ranjan Mondol and others |
The guiding ‘Principle of Law of
Inheritance’ under the Dayabhaga
School of Law, which prevails in
Bangladesh, is the doctrine of
religious efficacy. Religious efficacy
means capacity to confer special
benefit upon the deceased person.
Succession is the mode of
devolution of property under the
Dayabhaga system. The general
Rule of inheritance is that once a
property is vested upon any one, it
will not be divested. But in case of
Hindu woman, getting limited
ownership in the property is
contradictory to this general Rule
as the property will revert back to
the heir of the owner. Only in case
of Stridhan property, it reverts
back to the nearest heir of the
female who is the owner of that
property. It is to be noted that
succession of the ‘Stridhan
property’ is held absolutely by a
female. The word Stridhan is
derived from the term ‘Stri’ which
means woman and ‘Dhan’ which
means property. A Hindu woman
may acquire property from various
sources. She may acquire property
through gifts, inheritance as well
as her own skill and labor. |
95 |
Civil Petition 268/2018 (From the judgment and order dated the 14h day of November, 2017 passed by the High Court Division in Writ Petition No.10484 of 2011)
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Uploaded on : 12-MAR-23
From : COURT NO. 1 |
Md. Saifuzzaman Chowdhury -Vs- Secretary, Ministry of Law, Justice and Parliamentary Affairs and others |
The impugned proceeding against the petitioner has
been initiated by the Collector and Deputy Commissioner,
Chattogram within its jurisdiction, i.e. in view of the relevant provision of Stamp Act,1899 and thus, there is
neither violation of the Registration Act nor the Stamp
Act. |
96 |
Civil Appeal 336/2019 (CIVIL APPEAL NO.336 OF 2019 (Arising out of C.P.No.1351 of 2018))
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Uploaded on : 12-MAR-23
From : COURT NO. 1 |
Bangladesh represented by the Secretary, Ministry of Education, Bangladesh Secretariat, Dhaka and others -Vs- Char Elisha Junior High School and others r Elisha |
Further, since no vested and legal right have been created in favour of the writ petitioners, thus there is no scope to hold that the petitioners have legitimate expectation to be enlisted in MPO. |
97 |
Civil Petition 4683/2018 (CIVIL PETITION FOR LEAVE TO APPEAL NO.4683 OF 2018)
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Uploaded on : 28-FEB-23
From : JUDGE-IN-CHAMBER |
Chairman, Rural Electrification Board, Khilkhet, Dhaka Vs S.M. Sanoar Hossain and others |
The principal of natural justice demands that authority concerned is required to evaluate/assess the reply judiciously and then take a decision. |
98 |
Civil Petition 720/2022 (CIVIL PETITION FOR LEAVE TO APPEAL NO.720 OF 2022)
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Uploaded on : 28-FEB-23
From : JUDGE-IN-CHAMBER |
Midland Bank Limited Vs Nasima Aktar and others |
In view of the liabilities as fixed in the above law, the guarantor judgment-debtor has no authority to file any application before the Artha Rin Adalat to set aside the order amending the schedule of the property in execution case as it has been done at the instance of principal judgment-debtor. |
99 |
Civil Appeal 35/2008 (CIVIL APPEAL NO.35 OF 2008)
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Uploaded on : 28-FEB-23
From : JUDGE-IN-CHAMBER |
Kabir Ahmed being dead his heirs 1(a) Mahmuda Khatun being dead her heirs: Noor Mohammad and others Vs Mahohar Ali and others |
it is a cardinal principle of law that plaintiff has to prove his own case and he cannot be entitled to get a decree on the weakness of the defendant(s), if any. The burden lies on the plaintiff to prove his case and he must succeed on his own strength only and not at the weakness of the adversary. |
100 |
Civil Appeal 142/2008 (From the judgment and order dated 19.07.2005 passed by the High Court Division in Writ Petition No.101 of 1998)
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Uploaded on : 16-FEB-23
From : JUDGE-IN-CHAMBER |
The Commissioner of Customs, VAT and Excise, Agrabad Commercial Area Chattogram and others =Vs= Abul Khair Steel Mills Limited (U-2), BSCIC Road, Charipur, Feni. |
There seems no plausible way to conclude that Section 79 is referring to Ex-Bond document and consequently it is clear that the value of goods and the rate of duty shall be the one prevailing at the time of presenting the In-Bond Bill of Entry and not the Ex-Bond Bill of Entry document and once the In-Bond Bill of Entry is submitted any subsequent development in case of determination of value or any redetermination of rate of duty or taxes, shall not affect the value of the concern goods or the rate of duty for the purpose of payment of duties and charges. |